Name
'NZP'
Case code
A113/2019
Date of decision
Decision reviewed
Transfer – directed or compulsory
Decision subject
Operational needs
PRSB order
Decision set aside

Application to review directed TRANSFER –– s.146(1)(h) of the Victoria Police Act 2013 –– Decision to transfer made under section 35 (“reasonably necessary to do so for the provision of policing services”) following the General Duties Allocation Committee process (GDAC) –– public interest in ensuring policing services are provided across the State –– GDAC process is fair and transparent –– desirable to apply a fair and consistent approach to assessing grounds of hardship or special circumstances which ensures policing services are provided to all communities –– relevant that Applicant sought a priority position and applied for an exemption –– Applicant submitted transfer would be harsh because of: a) his responsibility to provide care and support to his sister and her children, one of whom is suffering a serious mental illness and requires intensive support from the Applicant during forthcoming hospitalisation; b) the impact on his relationship and his partner, given his partner’s established business meant he could not relocate, and c) the public interest in him remaining at his current inner-city location where his work as a Gay and Lesbian Liaison Officer was of significant benefit to Victoria Police and the community –– Board outlined general principles regarding responsibilities as a carer (noting Equal Opportunity Act 2010); impact on relationships (indicating impact on spouses and partners is relevant) –– de facto partnerships should be proven through evidence –– achievements in current position not given weight (as expected to be able to be applied in other roles) –– Board concludes that transfer would be harsh, unjust or unreasonable based on his responsibilities as a carer and sets aside the decision to transfer –– information capable of identifying the Applicant or his family members omitted from reasons (s.154A).

 

Author
Police Registration and Services Board
Publisher
Police Registration and Services Board
Date of Publication

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